Legal Opinion

Moody v. Milwaukee Electric Railway & Light Co.

Wisconsin Supreme Court

Decided December 14, 1920PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Milwaukee county. John J. Gregory, Circuit Judge. This action was brought to recover damages for personal injuries received March 29, 1918, at the intersection of Chambers and Third streets in the city of Milwaukee, when the automobile in which plaintiff was then riding was struck by defendant’s street car. At the time in question plaintiff was riding in a Ford touring car driven by one Pierson.

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Appeal from a judgment of the circuit court for Milwaukee county. John J. Gregory, Circuit Judge. This action was brought to recover damages for personal injuries received March 29, 1918, at the intersection of Chambers and Third streets in the city of Milwaukee, when the automobile in which plaintiff was then riding was struck by defendant’s street car. At the time in question plaintiff was riding in a Ford touring car driven by one Pierson. Plaintiff was sitting on the back seat with two other ladies. The driver and another lady occupied the. front seat. There was a small black curtain at…

1Opinion of the CourtOwen, J.

The jury by its verdict acquitted the plaintiff as well as the driver of the automobile of contributory negligence. The trial court changed the answers of the jury to the questions of the special verdict eliciting its findings upon those questions, and convicted both the plaintiff and the driver of contributory negligence. It is the claim of the appellant that the state of the evidence made these jury questions, and that the court erred in assuming to find with reference thereto as a matter of law.

It is conceded that it was the duty of the driver of the automobile as well as of the plaintiff…

2Cases cited8 opinions

  1. Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
  2. Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
  3. Tesch v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
  4. Meissner v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1915
  5. Schmidt v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1914

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. WhatleyWisconsin Supreme Court · 1933
  2. Lang v. RogneyCourt of Appeals for the Eighth Circuit · 1953
  3. Schwartz v. EitelCourt of Appeals for the Seventh Circuit · 1943
  4. Deiling Ex Rel. Deiling v. Des Moines Railway Co.Supreme Court of Iowa · 1933
  5. Grimes v. SnellWisconsin Supreme Court · 1921

2 more not listed; retrieve them via the Exa API.

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